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2012-03-07 MinutesBOARD OF SUPERVISORS MINUTES March 7, 2012 Supervisors in Attendance: Staff in Attendance: Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir., Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep. Ms. James M. Holland County Administrator, Mr. Stephen A. Elswick Management Services Ms. Liz Bernhard, Dir., Mr. James J. L. Stegmaier Victim Witness County Administrator Ms. Janice Blakley, Clerk to the Board Ms. Marilyn Brown, Dir., Juvenile Detention Home Ms. Patsy Brown, Dir., Accounting Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer Mr. Roy Covington, Dir., Utilities Mr. Jonathan Davis, Dir., Real Estate Assessments Mr. Will Davis, Dir., Economic Development Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. John W. Harmon, Real Property Manager Dr. Parham Jaberi, Dir. Health Department Mr. Donald Kappel, Dir., Public Affairs Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Ms. Debbie Leidheiser, Senior Advocate, Human Services 11-134 Mr. Michael Likins, Coop. Extension Director Mr. Mike Mabe, Director, Libraries Mr. R. John McCracken, Dir., Transportation Mr. Richard M. McElfish, Dir., Env. Engineering Mr. Jeffrey L. Mincks, County Attorney Mr. Glen Peterson, Dir., Community Correction Services Chief Edward L. Senter, Fire Department Ms. Marsha Sharpe, Dir., Social Services Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Rich Troshak, Dir., Emergency Comm. Center Mr. Kirk Turner, Dir., Planning Mr. Mike Westfall, Dir., Internal Audit Mr. Rick Witt, Building ,Official Mr. Gecker called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR FEBRUARY 22, 2012 On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the minutes for February 22, 2012, as submitted. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT Mr. Stegamier reported that yesterday, the county sold approximately $67.5 million in general obligation bonds to Bank of America Merrill Lynch at the true cost of 2.05% on the total offering, and the new money bonds priced at a true interest cost of 2.5%. He stated over the last week, the county was informed by each of the three credit agencies that our AAA rating has been reaffirmed on the county's general obligation bonds. Mr. Stegmaier was pleased to annou building in the Bon Secours new medic Watkins Center is nearing completion, Volkswagen recently opened their new Walthall area joining several other car opened in recent years in the area an this part of the county as a destination nce that. the second al office complex at and that Priority dealership in the dealerships that have d continuing to build for car shopping. J J J 11-135 3. BOARD MEMBER REPORTS Mr. Holland announced the Dale District held a community meeting regarding the county's proposed FY2013 budget on March 6t'' at 7:00 p.m. at the Meadowdale Library. Ms. Jaeckle announced the Bermuda District held a community meeting regarding the county's proposed FY2013 budget on March 6t'' at 1:30 p.m. at the Chester Library and will hold a joint community meeting with Ms. Carrie Coyner on March 15th at 7:00 p.m. at Thomas Dale High School. Mr. Elswick was sad to announce- that Mr. Danny Parnell, a long-time employee of the Utilities Department, passed away yesterday. Mr. Gecker announced the Midlothian District will hold two community meetings regarding the county's proposed FY2013 budget on March 12t'' at 7:00 p.m. at Midlothian Middle School and on March 19t'' at 7:00 p.m. at Elkhardt Baptist Church. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board replaced Item 14.A., Adoption of Resolution Recognizing Boy Scouts Upon Attaining the Rank of Eagle Scout; and replaced Item 16.A., Public Hearing to Consider an Ordinance to Amend the County Code Relating to Development Standards for Buffers and Screening and Fees for Appeal. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSION 6.A. PROPOSED FY2013 BUDGET 6.A.1. HUMAN SERVICES Ms. Snead provided an overview of the proposed FY2013 budget for the Human Services Division. She reviewed some of the accomplishments of Parks and Recreation, Mental Health Support Services, Youth Planning and Development, Chesterfield County Health District, Social Services, Libraries and other Human Services agencies. She stated the Human Services Division is comprised of 1,398 dedicated and committed employees, 893 of whom are full time with the remainder of those individuals serving in part-time and/or seasonal capacities. She further stated these departments are diverse; they range in size from one and one-half employees in the Senior Advocate's office to 553 in Mental Health Support Services; and they serve individuals and families of all ages, all income levels, and with residency throughout 11-136 the county. She stated the Human Service's Division is comprised of more than 20 boards and commissions, 150 informal partnering organizations, and individuals throughout the community who provided more than 43,501 volunteer hours. She reviewed the FY2013 proposed budget, stating there is a three percent decrease and there is not a proposed change in the number of full-time. employees. She further stated the most significant decrease is in Health and Welfare and that is a result of $3,865,000 in outside revenue sources for the payment to daycare vendors in Social Services. She stated overall, the general fund dollars makes up 42.3 percent of the Human Services budget with a range of 31.2 percent made available to the Health and Welfare programs and 79.6 percent proposed to be provided to Parks and Recreation, Libraries and other departments that have minimal state or federal revenue sources. She stated the Human Services Division's future direction includes determining the attributes of a healthy community, determining the role of human services in a healthy community and focusing on services and programs along with partners that sustain a healthy community. She expressed appreciation to the members of the Board for their support and to the staff of the Human Services Division, the citizens that serve on numerous boards and commissions and the Human Services volunteers for their dedication and commitment. Ms. Jaeckle commended Ms. Snead and the Human Services Department on the report. She stated she was pleased with the emphasis placed on Sports Backers, in terms of .the encouragement of healthy lifestyles. In regards to the 4.2 percent reduction in Health and Welfare, she noted the money for daycare is being directly paid to the vendor, rather than coming through the county. Ms. Jaeckle also commended. Ms. Snead for incorporating libraries and the importance of reading in her report. Mr. Holland commended Ms. Snead on a very thorough presentation. He stated the utilization of the libraries were significant during the hurricane, as well as to promote reading and employment. Mr. Elswick expressed his appreciation to Ms. Snead and staff for updating him during his transition. Mr. Warren stated Ms. Snead's presentation demonstrates a wonderful example of compassion. Mr. Gecker expressed concerns regarding the two case manager positions fully funded by revenue. He stated the County Administrator's proposal was based upon the idea of keeping the employee count constant throughout the county. He further stated the Board's goal is to provide the best services within the resources. In regards to Access Chesterfield, he requested data relative to the demand increase. He highly praised and expressed his appreciation to Ms. Snead for her compassion and enthusiasm. Mr. Gecker requested data regarding Access Chesterfield ridership. Mr. Holland stated funding for transportation, libraries and other positions mentioned are high priorities. J J J 11-137 6.A.2. COMMUNITY DEVELOPMENT Mr. Dupler presented an over` FY2013 proposed budget. He Community Development Divisi Development departments work safety of the county's citizer. provide safe drinking water, and are known throughout the that is easy to do business v Development Division's FY201 regards to Planning fee adjt proposed are to be more comb stated Budget anticipates and r~nrri nn from the fPP ~'1C~~ l C~e7- V yew of Community Development's reviewed the mission of the >n. He stated the Community hard every day to assure the and visitors; the departments safe buildings and safe roads; egion and world as a community ith. He reviewed the Community s proposed general fund. In stments, he stated reductions ~titive regionally. He further will accommodate Planning fees currently in place, down to fees recommended by the Planning Commission - either individually or collectively making fees more competitive/comparable in the region. He reviewed accomplishments of the Community Development division. He presented some recommendations including fee restructuring and simplification in Planning, as well as user fees, connection fees and strong waste cost recovery fees in Utilities. He reviewed the proposed Planning fee schedule. He stated changes are designed to be balanced so as to be revenue neutral, thus these changes project revenues that are equivalent overall compared to those produced by the current fee schedule. In regards to challenges ahead, he stated devolution or transfer of road maintenance responsibilities to the county poses a significant potential for another transfer of the state's financial burdens on our community. He further stated other areas of concern include municipal storm sewer maintenance, Comprehensive Plan completion and division workload. He noted concern relative to funding provided by the state after devolving the county's roads. He stated should this occur it will require significant additional funding from local tax dollars. In closing, he expressed appreciation to the staff of Community Development, and to the Board for their support. Mr. Holland expressed his appreciation to Mr. Dupler for including information as it pertains to small businesses in the county. He stated simplifying Planning fees is a great step forward to alleviate pressure on staff and business owners. In regards to Utility fees, he stated the Budget and Audit Committee will continue to do research in that area. He further stated a cross-training opportunity in various departments is essential to enhance the quality of life within the work force and the community-at-large. He stated the devolution and cost per road is staggering in comparison to other localities. He expressed his appreciation to Mr. Dupler and staff for their continued hard work. Mr. Dupler stated cross-training is utilized within the Building Inspection and Planning departments. He further stated employees work together to coordinate their activities so they are not overlapping. Mr. Holland stated he looks forward to meeting with Mr. Dupler to discuss cross-training opportunities. 11-138 In regards to Planning schedule fees, Mr. Elswick stated if it makes "sense to reduce fees then fees can be reduced without the goal being revenue neutral. He expressed his appreciation to Mr. Dupler and staff for updating him during his transition. Mr. Gecker recognized the Community Development directors in the audience. In regards to the recession, he stated he appreciates the optimism and the emphasis on the positive; however, it is a time to be mindful moving forward. He further stated the Board is pleased with the direction the Community Development Division is headed. He noted it is important to have the Comprehensive Plan process continue expeditiously. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. APPOINTMENTS 8.A.1. MULTICULTURAL ADVISORY COMMISSION Mr. Holland made a motion, seconded by Mr. Elwick, for the Board to appoint Mr. Victor Branch, Mr. Minesh Patel, Mr. Millard D. Stith, and Mr. Ben A. Romer as members of the Multicultural Advisory Commission. Ms. Jaeckle clarified she did not mean to imply at the last meeting that the committee itself had not fulfilled their task. She further stated the Board needs to discuss the committee's goals in length. Mr. Gecker stated the Multicultural presented a report to the Board at the further stated it is his understanding the committee plans to meet with the path going forward to review the report goal of the committee. Advisory Commission end of, last year . He that the Chairman of Board to discuss the and to ascertain the Mr. Gecker called for a vote on the motion of Mr. Holland, seconded by Mr. Elswick, for the Board to appoint Mr. Victor Branch, Mr. Minesh Patel, Mr. Millard D. Stith, and Mr. Ben A. Romer as members of the Multicultural Advisory Commission, whose terms are effective March 7, 2012 and expire December 31, 2012. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-139 8.B. STREETLIGHT COST APPROVALS On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the following streetlight in the Bermuda District: • In the Chester community, at the intersection of Snead Street and Winfree Street Cost to install streetlight: $336.07 Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Elswick made a motion, seconded by Ms. Jaeckle, for the Board to defer the request for a streetlight at the intersection of Oak River Drive and River Road. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C. CONSENT ITEMS 8.C.1. APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY AND U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the Memorandum of Understanding between Chesterfield County and ICE and authorized the Chief of Police to execute the Memorandum of Understanding on behalf of the county. (It is noted a copy of the Memorandum of Understanding is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.2. REQUESTS TO QUITCLAIM 8.C.2.a. A PORTION OF A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF SWIFT CREEK, L.P. On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' water easement across the property of Swift Creek, L.P. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.2.b. A PORTION OF A SIXTEEN-FOOT SEWER EASEMENT ACROSS On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a portion of a 16' sewer easement across the property of Yong Hak Lee and Keum Ho Lee . ( It is noted a copy of the plat is filed with the papers of this Board.) THE PROPERTY OF YONG HAK LEE AND KEUM HO LEE Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 11-140 8.C.2.c. A SIXTEEN-FOOT WATER EASEMENT ACROSS THE PROPERTY OF RIVERMONT CONDOMINIUMS, INCORPORATED On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' water easement across the property of Rivermont Condominiums, Inc. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.3. REQUESTS FOR PERMISSION 8.C.3.a. FROM JOSEPH P. BURNS FOR A PROPOSED PRIVACY FENCE AND EXISTING SHED TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT ACROSS LOT 19, HOLLYMEADE, c~rTTnu n On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board granted Joseph P. Burns permission for a proposed privacy fence and existing shed to encroach within a 16' drainage easement across Lot 19, Hollymeade, Section A, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.3.b. FROM CENTEX HOMES FOR A PROPOSED MULCH PEDESTRIAN TRAIL TO ENCROACH WITHIN VARIOUS EASEMENTS ACROSS OPEN SPACE IN CAMBRIA COVE, SECTION ONE On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board granted Centex Homes permission for a proposed mulch pedestrian trail to encroach within a 20' SWM/BMP access easement, a variable width SWM/BMP easement and a 16' sewer easement across open space in Cambria Cove, Section One, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 8.C.4. APPROVAL OF RIGHT OF ENTRY FOR THE COGBILL ROAD SIDEWALK FROM CHESTERWOOD DRIVE TO MEADOWBROOK HIGH SCHOOL PROJECT On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved a request from the Virginia Department of Transportation for right of entry for the construction of the Coghill Road Sidewalk from Chesterwood Drive to Meadowbrook High School Project. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J J J 11-141 9. REPORTS 9.A. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND LEASE PURCHASES On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board approved the following report: a Report on Status of General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 11. DINNER On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board recessed to Room 502 for dinner. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Reconvening: 12. INVOCATION Mr. Lou Lassiter, Assistant County Administrator, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Bryan Dempsey led the Pledge of Allegiance. 14. RESOLUTIONS 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Kappel introduced Mr. Bryan Thomas Dempsey and Mr. Casey Michael Kirk, who were present to receive the resolution. On motion of Mr. Holland, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and 11-142 WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least twenty-one merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Casey Michael Kirk and Mr. Bryan Thomas Dempsey, both of Troop 1891, sponsored by Bon Air United Methodist Church, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Casey and Bryan have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 7th day of March 2012, publicly recognizes Mr. Casey Michael Kirk and Mr. Bryan Thomas Dempsey, extends congratulations on ,their attainment of Eagle Scout, and acknowledges the good fortune of the county to have such outstanding young men as its citizens. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. Mr. Gecker presented the executed resolutions and patches to Mr. Kirk and Mr. Dempsey, accompanied by their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. Each of the scouts provided details of their Eagle Scout project and expressed appreciation to their parents and others for their support. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Rick Trader addressed the Board relative to the county's noise ordinance. Mr. Dickie King addressed the Board thanking them for allowing him to express his gratitude for their support of Henricus Historical Park. Mr. Peter Martin addressed the Board relative to residential growth and population in the county. Mr. Freddy Boisseau addressed the Board relative to free market development practices. J J J 11-143 16. PUBLIC HEARINGS 16.A. SCREENING AND FEES FOR APPEAL RELATING TO DEVELOPMENT STANDARDS FOR BUFFERS AND TO CONSIDER AN ORDINANCE TO AMEND THE COUNTY CODE Ms. Beverly Rogers stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to amend the County Code relating to development standards for buffers and screening and fees for appeal. She further stated, currently the ordinance prohibits SWM/BMP encroachments into required buffers unless a buffer reduction is approved by the Planning Commission during plan review. She stated the Planning Commission held a public hearing on two different ordinance amendments and recommended denial of both Option 1 and Option 2. She further stated the Commission indicated, as they did previously during their consideration of Option 1, that the current ordinance which allows a developer to seek a buffer reduction or modification from the Planning Commission through the plans review process affords those impacted by the proposal immediate consideration through the public process. She stated in consideration of Option 2, which would essentially give the Commission the ability to "override" an administrative decision, the Commission indicated such a process may prove to be more lengthy than that provided for under the current ordinance and would not, therefore, achieve the original goal of streamlining the process. Mr. Gecker called for public comment. Ms. Norma Szakal, President of Hands Across the Lake, recommended denial of both options. Mr. James Shelton, representing Hands Across the Lake, expressed concerns regarding the protection of the Swift Creek Reservoir and the Chesapeake Bay. Mr. Peter Martin expressed concerns relative to personal property rights. He asked the Board to deny the request. Mr. Bob Olsen expressed concerns regarding lack of opportunities for public input. No one else came forward to speak to the issue. Mr. Holland stated he supports the decision of the Planning Commission. He further stated the citizens have a right to be heard. In response to Mr. Elswick's question regarding the recourse of adjacent property owners, Ms. Rogers stated the property owner can appeal the decision to the Planning Commission and they would get notice of the request, both by the posting of the sign on the property as well as a letter to all adjacent property owners for site plans. She further stated letters are not mailed to property owners regarding subdivision plans. 11-144 Ms. Rogers noted Chesapeake Bay buffers are not impacted by the proposed amendment. In response to Mr. Warren's question, Ms. Rogers stated the vote by the Planning Commission was 5-0 to oppose both Option 1 and Option 2. She further stated the Planning Commission indicated the current ordinance provides a mechanism for a developer to seek relief and provides for the public to have a forum immediately. She stated Option 2 does not expedite the plan review process over the current process. In response to Ms. Jaeckle's question, Ms. Rogers stated the decision by the Planning Commission was that option 1 does not afford ease for the public to be heard and option 2 will not expedite development. In response to Mr. Gecker's questions, Ms. Rogers stated the Evaluation of Development Regulations project identified approximately 100 issues, some of which were addressed administratively; some, such as the item before the Board, requires action; and others to be addressed through the Comprehensive Plan, rewrite of the Zoning Ordinance or the Subdivision Ordinance. She stated the way the ordinance is written, there is a prohibition against rewrite of the SWM/BMP facilities in buffers leading the development community to believe that an encroachment would not be approved. In regards to economic development, she stated the development community indicated the permission for a buffer encroachment would allow more land to be developed. Mr. Holland made a motion for denial. Mr. Mincks stated the Board has no obligation to take action on the item. Mr. Holland's motion failed due to lack of a second. There was no action taken. 16.B. TO CONSIDER THE APPROPRIATION OF UP TO $75,000,000 FOR THE REFUNDING OF SERIES 2002, 2005A, 2006 AND 2007 GENERAL OBLIGATION BONDS AS WELL AS SERIES 2004 VIRGINIA PUBLIC SCHOOL AUTHORITY (VPSA) BONDS AND CLOSING COSTS Mr. Carmody stated this date and time has a public hearing for the Board to consid~ of up to $75,000,000 for the refunding of 2006 and 2007 general obligation bonds as Virginia Public School Authority (VPSA) costs. Mr. Gecker called for public comment. been advertised for 'r the appropriation Series 2002, 2005A, well as Series 2004 bonds and closing No one came forward to speak to the issue. On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board approved the appropriation of up to $75,000,000 for the refunding of Series 2002, 2005A, 2006 and 2007 general obligation bonds as well as Series 2004 Virginia Public School Authority (VPSA) bonds and closing costs. J J J 11-145 Ayes: Decker, Jaeckle, Warren, Holland and Elswick. Nays: None. 16.C. TO CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING THE COUNTY TO CONTRACT A DEBT AND ISSUE GENERAL OBLIGATION SCHOOL BONDS IN THE PRINCIPAL AMOUNT OF $22,000,000 FOR THE PURPOSE OF FINANCING THE COSTS OF VARIOUS CAPITAL SCHOOL IMPROVEMENT PROJECTS Mr. Carmody stated this date and time has been advertised for a public hearing for the Board to consider adoption of a resolution authorizing the county to contract a debt and issue general obligation school bonds in the principal amount of $22,000,000 for the purpose of financing the costs of various capital school improvement projects. Mr. Decker called for public comment. No one came forward to speak to the issue. On motion of Mr. Holland,. seconded by Ms. Jaeckle, the Board adopted the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $22,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, SERIES 2012, TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF. WHEREAS, the Board of Supervisors (the "Board") of the County of Chesterfield, Virginia (the "County"), has determined that it is necessary and expedient to borrow an amount not to exceed $22,000,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County held a public hearing, duly noticed, on Wednesday, March 7, 2012, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2 2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the County has, by resolution adopted on Tuesday, February 14, 2012,. requested the Board to authorize the issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $21,400,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority (the "VPSA") in connection with the sale of the Bonds; and WHEREAS, VPSA's objective is to pay the County a purchase price for the Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price 11-146 Objective"), taking into consideration of such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA's bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $22,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes as described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to be fair and accepted by the Chairman of the Board and the County Administrator, or either of them that. is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The Chairman of the Board, the County Administrator, or either of them and such other officer or officers of the County as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement, dated as of April 6, 2012, with VPSA providing for the sale of the Bonds to VPSA. The agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3 . Details of the Bonds . The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2012"; shall bear interest from the date of delivery thereof payable semiannually on each January 15 and July 15 beginning January 15, 2013 (each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on J J J 11-147 Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA; provided that each interest rate shall be five one-hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of .the bonds to be issued by VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six percent (6.00%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of VPSA. The County Administrator is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of VPSA; provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA and Interest Payment Dates and the Principal Installments requested by VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) U.S. Bank National Association, Virginia, is designated as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by VPSA coming due on or before July 15, 2022, and the definitive Bonds for which the Bonds held by VPSA may be exchanged that mature on or before July 15, 2022, are not subject. to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by VPSA coming due after July 15, 2022, and the definitive bonds for which the Bonds held by VPSA may be exchanged that mature after July 15, 2022, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2022, upon payment of the prepayment or redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal amount of the 11-148 Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2022 through July 101 14, 2023 July 15, 2023 through 100 ;~ July 14, 2024 July 15, 2024 and 100 thereafter Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of VPSA or the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. J J J 11-149 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Administrator and such other officer or officers of the County as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Bond Sale Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 16.D. TO CONSIDER LEASING OF SPACE ON THE COUNTY'S PHYSIC HILL WATER TANK Mr. John Harmon stated this date and time has been advertised for a public hearing for the Board to consider leasing of space on the county's Physic Hill Water Tank. Mr. Gecker called for public comment. No one came forward to speak to the issue. In response to Mr. Decker's question regarding the removal of the water tank, Mr. Harmon stated the county is required to give the carrier one year's notice of intent to retire the tank. He further stated the lease contains specific provisions with regard to annual monitoring of RF Emissions as well as access to records for criminal investigations. 11-150 On motion of Mr. Holland, seconded by Mr. Elswick, the Board approved the leasing of space on the county's Physic Hill Water Tank to Richmond 20MHz, LLC, dba Ntelos. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 18. ADJOURNMENT On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board adjourned at 7:18 p.m. until March 14, 2012 at 3:00 p.m. Ayes: Gecker, Jaeckle, Warren, Holland and Elswick. Nays: None. J mes S egm er ount Administrator Daniel A. Gecker Chairman 11-151 J J J